We are against the Emergency Decree (OUG) no. 13/2017 that modifies the Penal Code

On Wednesday, the 1st of February 2017, the President of Romania, Mr. Klaus Iohannis sent the Romanian Prime Minister, Mr. Sorin Mihai Grindeanu, the letter below, in which he demands the abrogation of the Emergency Decree no. 13/2017 that modifies and amends Law no. 286/2009 regarding the Penal Code and Law no. 135/2010 regarding the Penal Code Procedures.

We, the undersigned, are requesting the repeal of this Emergency Decreed so that it is prevented from having any legal effect.

We support the aforementioned undertakings of the Romanian President and those of the Chief Prosecutor of the Prosecutors' office attached to the High Court of Cassation and Justice of Romania, Mr. Augustin Lazar. The latter requested that prosecutors from the Administrative section of the Bucharest Court of Appeal suspend and annul Emergency Decree no. 13/2007.

We also support any other legal action taken in order to annul this decree and to return to the situation prior to its adoption.

“On the 31st of January 2017, the Romanian Government adopted the Emergency Decree no. 13/2017 that modifies and amends Law number 286/2009 regarding the Penal Code and Law number 135/2010 regarding the Penal Code Procedures published in the Official Gazette no. 92/01.02.2017.

Taking into consideration the provisions of art. 115(4) of the Romanian Constitution which states that the Government can adopt Emergency Decrees only in extraordinary circumstances whose resolution cannot be postponed,

Considering the fact that the Government has adopted this law a day before the start of the ordinary session of Parliament, a fact which raises questions as to the necessity of this endeavour,

Noting the current dispositions of the Law no. 317/2004 regarding the Superior Council of the Magistrates which confers to this institution, as guarantor of judicial independence, the competence to laws regarding the activity of the Judiciary

Noting that the Superior Council of Magistrates was eliminated from the decisional process of adopting the aforementioned Emergency Decree,

Taking note of the fact that this law was adopted disregarding the professional opinions previously voiced in the judiciary system,

Taking into consideration the deeply negative effects of this Emergency Decree on the functioning of the Rule of Law and implicitly on the efforts sustained by Romania towards abolishing corruption and maintaining the integrity of public office,

I hereby demand the abrogation of the Emergency Decree 13/2017 that modifies and amends Law number 286/2009 regarding the Penal Code and Law number 135/2010 regarding the Penal Code Procedures. "

_________________

Excerpt from the Communiqué of the Chief Prosecutor:

“The Chief Prosecutor of the Prosecutors' office attached to the High Court of Cassation and Justice of Romania has initiated proceedings before the Administrative section of the Court of Appeal of Bucharest with an undertaking by which he requested:

I. On the basis of art. 14(3) of Law number 554/2004 regarding administrative litigation, modified and amended, to dispose the suspension of Emergency Decree no. 13 from the 1st of February 2017 until the final resolution of the present cause, towards which he also requested the urgent scheduling of a trial date to resolve this request of suspension, taking into consideration the date of its coming into operation (9th of February 2017).

II. On the basis of art. 1(5), related to art. 9 of Law 554/2004 regarding administrative litigation, modified and amended, to dispose the annulment of Emergency Decree no. 13 from the 1st of February 2017.”

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